Legislators Quiz High Court Candidates

Nn Judge Frank Talks Of Being Justice

January 28, 1997|By PATRICK LEE PLAISANCE Daily Press

RICHMOND — With a coveted seat on Virginia's highest court hanging in the balance, Newport News Circuit Judge Robert Frank appeared unfazed at having the tables turned on him Monday as he stood before lawmakers to be grilled as a candidate for state Supreme Court justice.

For Frank and 10 other candidates for the Supreme Court seat, Monday evening was a chance to display some legal acumen and political finesse as they were called to the podium one by one to answer questions from members of the House and Senate Courts of Justice committees.

When asked by House committee chair James F. Almand, a Democratic delegate from Arlington, about his ambition for the seat, Frank - as did most other candidates - sought to tread the fine line between modesty and necessary salesmanship.

"I consider myself a student of the law, an admirer of the law," Frank told the committee. "The Supreme Court is the ultimate court where the real intellect of the law is perceived. I see it as an avenue for me to fulfill my compelling love for the law."

Frank, the brother of Newport News Mayor Joe Frank, was nominated by Del. Alan A. Diamonstein, D-Newport News. He has been a judge since 1986. He lost out to Hampton Circuit Judge Nelson T. Overton in a bid for a seat on the state Court of Appeals two years ago.

Asked by House committee members whether he could suggest any changes in the way the Supreme Court does business, Frank said, "I'm certainly not a `yes' man. I'd go up there and see what's going on and make whatever decision is appropriate."

Diamonstein said that lawyers and Frank's colleagues "consistently say how thankful they are that the legislature put Bob Frank on the bench."

While committee members appeared to attentively pore over the resumes of each applicant as he or she spoke, the selection process is sure to be politically charged. For decades, battles over judgeships were waged quietly among Democrats, who held clear majorities in both the House and Senate. But, as of last year, the Senate is now evenly split, with 20 Republicans and 20 Democrats. As a result, legislators have said, anyone trying to win House and Senate approval would have to have a reputation as a political moderate.

The Supreme Court vacancy, which will be created with the July retirement of Justice Roscoe B. Stephenson Jr., marks the first time a statewide judgeship is up for grabs in the deadlocked Senate. While each party could decide on its own nominee, the vote then would be split 20-20.

Under that scenario, Lt. Gov. Donald S. Beyer Jr., a Democrat, would try to break the tie. But his authority to do so has been disputed, and Gov. George Allen has said he would refuse to recognize a judge appointed on a tie vote and would decline to sign the needed paperwork.